Immigration Issues/Immigration and Airport Security

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Expert: Alexander J. Hay - 6/1/2004

QuestionI have a complex question, and I know that you're probably one of the only people in the world who would be able to answer it. What if a minor from the U.K. illegally got into the U.S. on an airplane (without a passport)? Who would catch them at the airport? Would it be the INS? Then, theoretically, if the minor was to pull a gun (nevermind how) on one of the INS agents, run away, and then get caught at a later time, what would happen to them?

AnswerI am not really sure what is going on here. But it really doesn't matter WHO catches him.

No one is allowed to enter the US without a visa unless specifically waived. The requirement of a passport is clearly not waived. Entering the US without a passport and without a visa would usually be discovered by Immigration, and the person would be detained and deported.

The fact that the person would pull a gun adds an extra twist, and may result in some very unpleasant things happening. The above would still apply, but now the person has added terrorist activities to the list of crimes. Such a person could be held indefinetely subject to a determination that the person is not a threat to our national security. The person could be denied hearing and counsel.

Eventually, if what you described is in fact the situation, the person would most likely be released over to normal Immigration procedures, and would then be deported.

Good luck. I hope this is not something that happened to you or your family. You probably need some very serious help if it did.

Alexander J. Hay

Expertise

I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning. If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".

Experience

I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.